subject matter jurisdiction

[russia with love]

NAME MISSPELLED ON THE IDICTMENT, WITH NO AKA'S
how to dismiss this indictment?

[tactikalguy]

When you file an abatement, you are basically telling the court... Hey this is wrong and it is not me who you are looking for. If it is then spell my name right. Amend(fix) the complaint. In other words, your name should be first letter capital and the rest lower case. If not then they have not named you but your strawman. I understand that you meant, they messed up the name in general but If they FIX it, it will still be wrong because they will most likely type all letters capital and no lower cased ones. go to "we the people radio" google it. then go to show archives and look for Bridging The Gap. They talk about the strawman defenses and abatements. It is under the rule of law show archive. Good Luck!

[ezrhythm]

Look up "Codee's SMJ Challenge" on this forum.

[Neilzinno]

Originally Posted by russia with love

NAME MISSPELLED ON THE IDICTMENT, WITH NO AKA'S
how to dismiss this indictment?

It's not going to be a winning argument. "Formalized pleadings" at least in Federal criminal cases, has essentially been abolished.

Here are some representative (Federal) cases where the name was mispelled on the Indictment, but motions to dismiss on that ground were unsucessful:

United States v. Furman, 168 F.Supp.2d 609 (E.D.La 2001)(No longer any need for detail and precision in the form of an indictment so long as the imperfections are not prejudicial.)

U.S. v. Denny 165 F.2d 688 (7th Cir. 1947) (Indictment proper where said "Kenny" rather then "Denny")

Thibodeau v. US 361 F.2d 443 (5th Cir. 1966) (Thibodeau, not Thibobeau)

Lastly, the Supreme Court with Faust v. US, 163 U.S. 452 (1896)(Indictment proper where mispelled Foust as Faust).

There are other ways an indictment has to be specific - this is not one of them, for the most part, as long as they were close. Sorry.

[ezrhythm]

Even if the spelling is correct, the "name" can be challenged as it represents the assumption of a corporate fiction. Are you a corporate fiction?